Lawmakers' bill targets 'sanctuary city' policies

By Peggy Fikacpfikac@express-news.net

Updated
12:35 am CST, Thursday, February 17, 2011

AUSTIN — Top state lawmakers filed the latest legislation Wednesday to prohibit so-called sanctuary city policies, saying local governmental bodies would risk losing state grant money if they prohibit enforcement of state or federal immigration laws.

“We just want to make sure that if someone is lawfully detained that there's not a prohibition against law enforcement officers asking about their immigration status,” said Sen. Tommy Williams, R-The Woodlands, who filed the legislation with Rep. Burt Solomons, R-Carrollton. “We need a consistent statewide policy.”

Some voiced concern that the legislation would interfere with police chiefs' oversight of their officers and detract from a focus on local crimes.

The sanctuary city issue is among topics declared an emergency by GOP Gov. Rick Perry, whose office says officers' hands shouldn't be tied.

Williams, Senate transportation and homeland security chairman, said he didn't know how many cities would have to change their policies if the measure became law.

San Antonio police Sgt. Chris Benavides said in a statement that officers are not required to demand proof of identification unless they suspect a crime has been committed. They also aren't required to report individuals to U.S. Immigration and Customs Enforcement officials, even if they are “suspected immigrants,” his statement said.

Bexar County Judge Nelson Wolff said ICE checks the jail database daily for people who are in the country illegally.

“Our job is to enforce local laws. That's what we're created for. We're not a federal agency. We do cooperate with them,” Wolff said.

At the state level, Texas Department of Public Safety spokeswoman Tela Mange said DPS doesn't ask about immigration status: “We don't enforce federal immigration law. Having said that, if we think there may be reason to suspect someone is not here legally, we'll contact ICE or Border Patrol.”

Perry's decision to make the sanctuary city issue an emergency paves the way for quick consideration of an issue that has met resistance in some law-enforcement agencies around the country.

The legislation by Williams and Solomons — identically worded Senate Bill 11 and House Bill 12 — isn't the first sanctuary city measure to be filed in the regular legislative session. But their bills are drawing attention because their low numbers denote that they're priorities, and because of the lawmakers' positions.

Williams' committee is expected to hear such legislation, and Solomons is a former state affairs chairman who still serves on that committee and is redistricting chairman.

Their legislation, in addition to barring an explicit policy against enforcement of immigration laws, says an entity may not by “consistent actions” prohibit their enforcement. Besides the prospect of losing state grant funding, the entities could face action from the state attorney general to force compliance.

Sen. Leticia Van de Putte of San Antonio, chairwoman of the Senate Democratic Caucus, hadn't seen the wording of the measure. Among other points, she said she'd want to know whether “lawfully detained” could be someone who was just stopped for an expired license sticker. The term isn't defined.

“Federal immigration really needs to be handled in Washington D.C.,” said Van de Putte, who cited local law enforcement concern about such measures' effect on resources. She said she was concerned about the possibility of racial profiling.

“My sons and daughters would never be treated equally, because some look very much the red and the blond hair, the blue eyes, and then I've got my dark-haired, dark-skinned dark-eyed — they're never going to be treated the same,” she said. “And not just my sons and daughters.”